Ramprit Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30249 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- KHUDAGANJ District- Nalanda ====================================================== RAMPRIT MANJHI Son of Doman Manjhi Resident of Village- Nari, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Prem Kumar Jha, the learned APP for the State.

The petitioner seeks regular bail in connection with Session Trial No. 381 of 2019 arising out of Khudaganj P.S. Case No. 27 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code and later on, Section 412 of the

Patna High Court CR. MISC. No.30249 of 2020(2) dt.23-11-2020 2/3 Indian Penal Code was added.

The allegation is regarding unknown accused persons having snatched a sum of Rs. 21,000/- and a mobile from the informant after the vehicle had stopped on the National Highway, upon being obstructed by a fallen tree.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 20.03.2019. It is further submitted that no Test Identification Parade has been held so as to show the complicity of the petitioner in the alleged crime. Lastly, it is submitted that similarly situated co-accused persons have been granted bail by this Court vide orders dated 27.09.2019 passed in Criminal Miscellaneous No. 52095 of 2019 and dated 30.08.2019 passed in Criminal Miscellaneous No. 53585 of 2019.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances

Patna High Court CR. MISC. No.30249 of 2020(2) dt.23-11-2020 3/3 of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail, as also taking into account the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge, Hilsa, Nalanda in connection with Session Trial No. 381 of 2019 arising out of Khudaganj P.S. Case No. 27 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T